Charging Order on propery

[bertrum]

Has anyone heard of these curcumstances. I will be going to court to contest a charging order on my home that I own with my wife. The un-secured loan I took out, was with my ex-wife before I met my current wife, the sum being less than £3000, yet the loan company concerned has asked for the charging order to be put on our home with no mention of chasing my ex. Bearing in mind the loan company ''mislaid'' the paperwork leaving this dorment for 9 years to finding the paperwork again. As the company cannot put an attachment of earnings or payment plan in place (due to 6 years lapsing) they are now using a charging order instead.

All of my research has shown up charging orders with peole that have taken out vast amounts of money and had security on the loans. In this reasearch there has been no mention of anyone having ex-partners or unsecured amounts.

Charging orders seem to have huge loop holes, with the loan companies using them as often as they can. If anyone has come across anything like this, I would be REALLY grateful for the info.

[maroondevo52]

Hello and Welcome, bertrum.

 

I'll move this thread to our Legal Issues Forum, have a look at this 'link'......

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders.html

 

Regards.

 

Scott.

[blipvert]

9 years ?. has this alleged debt been acknowledged within the last 6 years. If not then its statute barred.

[lilly white]

Do They Have Ccj

[PriorityOne]

Who is the "loan company" ?... I agree that it should be statute-barred.

[foolishgirl]

Has anyone heard of these curcumstances. I will be going to court to contest a charging order on my home that I own with my wife. The un-secured loan I took out, was with my ex-wife before I met my current wife, the sum being less than £3000, yet the loan company concerned has asked for the charging order to be put on our home with no mention of chasing my ex.

 

Notwithstanding the possible statute barred issue, did you obtain a consent order (clean break) with/after your divorce?

If so, was the outstanding loan arrangement not part of it?

 

If you made no arrangements, creditors can still chase either party to a debt. Not only that but they could chase you for your ex's debts in the event of her going bankrupt or she could even make a claim on your pension or estate in the event of your death. It works both ways so if you haven't already got one, suggest you get a consent order organised asap - it's in both your interests & can be done at any time, even years after a divorce.

[bertrum]

A lot of good advice. thanks . No CCJs and my loan agreement was with Beneficial Bank who apparently sold the debt to TBI who, by the way, I didn't have an agreememt with. How does this agreememt stand now. Also found out more startling news, 16,000 to 96,000 odd charging orders have been made in one year.

[Pill Boy]

A Charging Order - just like an Attachment of Earnings Order - attaches on to a CCJ. It can only be obtained once a CCJ is in place for the debt.

 

You need to see if the debt can be proved to be statute barred, or if you can challenge the enforceability of the agreement or the default process. If you can do any of these then they cannot obtain a CCJ and so the threat of a CO falls away.

[foolishgirl]

A lot of good advice. thanks . No CCJs and my loan agreement was with Beneficial Bank who apparently sold the debt to TBI who, by the way, I didn't have an agreememt with. How does this agreememt stand now.

 

Are you sure you have no CCJ?

 

Use this site to check it out: CCJs, court orders & fines - Search yourself and others - Trust Online

 

If you are clear, you're in the clear (regardless of statute barred) as regards a CO. No CCJ, no CO.

 

When did you or your ex last acknowledge this debt - either by payment to the account or admittance?